In the midst of the ongoing crisis of public confidence in An Bord Pleanala, the independence of the Board is set to be severely compromised in the Planning and Development and Foreshore (Amendment) Bill 2022 coming before the Seanad this week.
The Bill would hand the Minister for Housing untrammelled power and complete discretion in determining the process for appointing Board members to the State’s top planning body, with a removal of existing oversight mechanisms. In introducing these new provisions, the Bill scraps the existing Board appointments system which, while in need of some reforms, does provide for significant input from civil society, something which is crucial for the independence of the Board. The new Bill provides no safeguards or provisions for Oireachtas oversight of this new appointments process, concentrating power in the hands of one Minister.
This is yet another eleventh-hour planning bill being rushed through the Oireachtas by the Government immediately before a recess. The Joint Oireachtas Committee on Housing was in the midst of pre-legislative scrutiny on the Bill, but the Government is now rushing the Bill to the Seanad this week, effectively circumventing the rest of the scrutiny process. In keeping with a highly disturbing pattern of rushed planning legislation in recent months and years, there has been no public consultation on the proposed changes and the Bill’s progress through the Oireachtas will be expedited, once again curtailing opportunity for scrutiny and debate.
The Bill also proposes changes to the foreshore legislation and the regulation of marine surveying, with potentially significant consequences for the interests of various marine users, including fishers and the public. It has also been reported that Government amendments will be added regarding social and affordable housing, but these have not yet been published, despite the Bill being rushed through the Seanad this week.
Phoebe Duvall, Planning and Environmental Policy Officer with An Taisce, says:
“This Bill would appear to be a power grab by the Minister, giving him unchecked influence over the An Bord Pleanála appointments process and ultimately who is appointed to the Board. It is an entirely inappropriate response to the various crises facing An Bord Pleanála right now.
“For the public to regain confidence in An Bord Pleanála, the appointments process needs to be transparent and rigorous, and it must allow for thorough Oireachtas oversight and the inclusion of civil society. Instead the Minister is trying to implement the very opposite of that.”
“Introducing extremely consequential planning legislation yet again without adequate time for scrutiny is in no way acceptable, particularly given that this Bill will so seriously erode the independence of one the most crucial bodies in our planning system.”
I’ve no idea what’s in the Bill, but if An Taisce are upset with it I’d take that as a positive sign. Might actually be aimed at building stuff if they don’t like it.
If An Taisce is upset at the new planning legislation then it must mean the legislation changes are positive and will allow things to actually get built.
42,000 apartment units in Dublin alone that have not commenced but the government feel that it is necessary to restrict public access to planning reviews and to rush through further planning legislation without debate.
Planning is not and never has been the cause of the housing crisis.
Tribunal!…politicians create independent body, appoint their cronies to that body, are shocked when cronies do crony things, reduce independent oversight in reaction to crony behaviour…inquiry!
Rinse repeat…
I’m not one to sing the praises of planners or planning law, but even grudgingly I must admit it’s there for a reason when you know the history of how it came about in the first instance. If anything, these cycles of scandal will only make planning more inflexible and restrictive in to the future. I’d rather reform what’s there.
Also, obligatory fuck An Taisce…they spam objections without even visiting the locations or investigating the situation of the application.
Couldn’t care less. More housing and less “planning” please.
If anything has caused the problems over the last year it’s ABP acting like an adjunct of the department. This is probably the absolutely worse thing the State could do. Absolutely a guarantee there won’t be a return to solid decision making and more quashes in court likely.
It’s like someone is planning all this based on newspaper reports, not actual experience
I don’t think weakening the planning system is going to solve the housing crisis. Hot take I know
An Taisce are one of the few organisations that stand up for the rule of law in Ireland.
If you look at the judicial reviews that are taken against planning, almost all succeed – showing that the original decision was wrong.
We need @antaisce and their members to stand up for our rights
10 comments
In the midst of the ongoing crisis of public confidence in An Bord Pleanala, the independence of the Board is set to be severely compromised in the Planning and Development and Foreshore (Amendment) Bill 2022 coming before the Seanad this week.
The Bill would hand the Minister for Housing untrammelled power and complete discretion in determining the process for appointing Board members to the State’s top planning body, with a removal of existing oversight mechanisms. In introducing these new provisions, the Bill scraps the existing Board appointments system which, while in need of some reforms, does provide for significant input from civil society, something which is crucial for the independence of the Board. The new Bill provides no safeguards or provisions for Oireachtas oversight of this new appointments process, concentrating power in the hands of one Minister.
This is yet another eleventh-hour planning bill being rushed through the Oireachtas by the Government immediately before a recess. The Joint Oireachtas Committee on Housing was in the midst of pre-legislative scrutiny on the Bill, but the Government is now rushing the Bill to the Seanad this week, effectively circumventing the rest of the scrutiny process. In keeping with a highly disturbing pattern of rushed planning legislation in recent months and years, there has been no public consultation on the proposed changes and the Bill’s progress through the Oireachtas will be expedited, once again curtailing opportunity for scrutiny and debate.
The Bill also proposes changes to the foreshore legislation and the regulation of marine surveying, with potentially significant consequences for the interests of various marine users, including fishers and the public. It has also been reported that Government amendments will be added regarding social and affordable housing, but these have not yet been published, despite the Bill being rushed through the Seanad this week.
Phoebe Duvall, Planning and Environmental Policy Officer with An Taisce, says:
“This Bill would appear to be a power grab by the Minister, giving him unchecked influence over the An Bord Pleanála appointments process and ultimately who is appointed to the Board. It is an entirely inappropriate response to the various crises facing An Bord Pleanála right now.
“For the public to regain confidence in An Bord Pleanála, the appointments process needs to be transparent and rigorous, and it must allow for thorough Oireachtas oversight and the inclusion of civil society. Instead the Minister is trying to implement the very opposite of that.”
“Introducing extremely consequential planning legislation yet again without adequate time for scrutiny is in no way acceptable, particularly given that this Bill will so seriously erode the independence of one the most crucial bodies in our planning system.”
I’ve no idea what’s in the Bill, but if An Taisce are upset with it I’d take that as a positive sign. Might actually be aimed at building stuff if they don’t like it.
If An Taisce is upset at the new planning legislation then it must mean the legislation changes are positive and will allow things to actually get built.
42,000 apartment units in Dublin alone that have not commenced but the government feel that it is necessary to restrict public access to planning reviews and to rush through further planning legislation without debate.
Planning is not and never has been the cause of the housing crisis.
https://twitter.com/otrosnosotros/status/1600142088443527174/photo/2
Tribunal!…politicians create independent body, appoint their cronies to that body, are shocked when cronies do crony things, reduce independent oversight in reaction to crony behaviour…inquiry!
Rinse repeat…
I’m not one to sing the praises of planners or planning law, but even grudgingly I must admit it’s there for a reason when you know the history of how it came about in the first instance. If anything, these cycles of scandal will only make planning more inflexible and restrictive in to the future. I’d rather reform what’s there.
Also, obligatory fuck An Taisce…they spam objections without even visiting the locations or investigating the situation of the application.
Couldn’t care less. More housing and less “planning” please.
If anything has caused the problems over the last year it’s ABP acting like an adjunct of the department. This is probably the absolutely worse thing the State could do. Absolutely a guarantee there won’t be a return to solid decision making and more quashes in court likely.
It’s like someone is planning all this based on newspaper reports, not actual experience
I don’t think weakening the planning system is going to solve the housing crisis. Hot take I know
An Taisce are one of the few organisations that stand up for the rule of law in Ireland.
If you look at the judicial reviews that are taken against planning, almost all succeed – showing that the original decision was wrong.
We need @antaisce and their members to stand up for our rights
Stink of FG of this.